[TimorLesteStudies] New Article in ETLJ - Criminalisation of Defamation in East Timor

[Warren L. Wright BA LLB]

*Title*: Kriminaliza Difamasaun iha Timor Leste, bele ka lae? Análiza legal
ida

*Citation*: 2009 ETLJ 4

*Author*: Nomen Nescio ( a pseudonym)

*Web Link*:
http://www.eastimorlawjournal.org/ARTICLES/2009/Kriminaliza_Difamasaun_bele_ka_lae.html

This article, which is only available in Tetum, is an analysis of whether
defamation is a criminal offence or not in East Timor; principally, whether
the executive order enacted by the United Nations Transitional
Administration in East Timor (1999 - 2002) is legally enforceable or not. It
discusses whether that executive order has the same force as an Act of
Parliament and analyses the decision of Chief Justice Claudio Ximenes which
stated that that executive order does not have the same force as a law so
that the provisions of the Indonesian criminal code still apply to the
question of the criminalisation of defamation in East Timor. The author
seeks to explain that the decision of the Chief Justice on the UNTAET
executive order which decriminalised defamation is erroneous and defamation
can not be prosecuted as a criminal offence. The Court of Appeals has
declared a mistaken jurisprudence on the issue.

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